AGENDA ITEM #6
July 18, 2017
Public Hearing
MEMORANDUM
July 14, 2017
TO:
FROM:
SUBJECT:
County Council
Jeffry
L.
Zyonl
lnior Legislative Analyst
Public Hearing:
Bill 23-17, Animal Control - Performance Animal -Violations
Bill 23-17, Animal Control - Performance Animal -Violations, sponsored by Lead
Sponsors Councilmembers Rice and Leventhal, Co-Sponsors Councilmembers Katz, Navarro,
Riemer, Eirich, Rucker, and Council President Berliner, was introduced on June 27. A Public
Safety Committee worksession is tentatively scheduled for September 11 at 9:30 a.m. The
sponsors of Bill 23-1 7 want to protect wild animals. The Bill does this by removing the financial
incentives to exhibit such animals.
Bill 23-17 would:
(1)
Define the term "exhibit";
(2)
Define the term performance animal;
(3)
Prohibit the exhibition of performance animals;
(4)
Authorize the Animal Control Division to enforce prohibited act; and
(5)
Generally amend the provisions concerning animal cruelty.
This packet contains:
Bill 23-17
Legislative Request Report
Circle#
1
5
F:\LA W\BILLS\1723 Animal Control - Prohibit Exihbition And Performance\PH Memo.Docx
 PDF to HTML - Convert PDF files to HTML files
Bill No.
23-17
Concerning: Animal
Control
Performance Animal - Violations
Revised: June 27, 2017
Draft
No.!__
Introduced:
June 27 2017
Expires:
December 27, 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: -!..!N=on=e'---------
Ch. _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmembers Rice and Leventhal
Co-Sponsors: Councilmembers Katz, Navarro, Riemer, Eirich, Rucker and Council President
Berliner
AN ACT
to:
(1)
(2)
(3)
(4)
(5)
Define the tem1 "exhibit";
Define the term {ierformance animal;
Prohibit the exhibition of performance animals;
Authorize the Animal Control Division to enforce prohibited act; and
Generally amend the provisions concerning animal cruelty.
By amending
Montgomery County Code
Chapter 5, Animal Control
Sections 5-101, 5-102, and 5-201
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deleted from existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 23-17
Sec.
1.
Sections 5-101, 5-102, and 5-201 are amended as follows:
2
5-101. Definitions.
3
4
5
6
In
this Chapter, the following words and phrases have the following meanings:
*
*
*
Display:
Any exhibit, fair, act, circus, ride, or similar undertaking in which~
performance animal is required to perform tricks, give rides, or participate as
accompaniments for the entertainment, amusement, or benefit of another.
1
8
9
*
or business.
*
*
Exhibit:
The display of~ performance animal for the financial benefit of any person
10
11
*
*
*
12
Performance animal:
The following animals are performance animals. The animals
u
14
15
16
listed in parentheses are intended to act as examples and are not to be construed as an
exhaustive list or limit the generality of each group of animals, unless otherwise
specified:
ill
ill
ill
ill
ill
®
(Z}
non-human primates and prosimians (such as chimpanzees, baboons,
monkeys, etc.)= all species;
felidae (such as lions, tigers, cougars, leopards, ocelots, servals, etc.)=
all species except domestic cats;
canidae (such as wolves, coyotes, etc.)= all species except domestic
dogs;
ursidae (such as bears)= all species;
marsupialia (such as kangaroos, etc.)= all species;
proboscidae (such as elephants)= all species;
crocodilia (such as crocodiles, alligators, etc.)= all species;
squamata (all species of snakes only);
11
1&
19
20
21
22
23
24
25
26
.(fil
-2-
F:\LA W\BILLS\1723 Animal Control - Prohibit Exihbition And Performance\Bill 4.Docx
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 23-17
27
.(2)
artiodactyla (such as hippopotamuses, giraffes, camels, etc.)= all
species except domestic cattle, swine, sheep, or goats;
28
29
30
.(lQ)
perissodactyla (such as zebras, rhinos, and tapirs)= all species except
domestic horses, donkeys, or mules;
31
32
33
34
{ill
struthioniformes (such as ostriches)= all species;
.(12}
casuariiformes (such as emus)= all species;
ill.}
Elasmobranchii (including nurse sharks and lemon sharks); and
Ll±} Pinnipedia (including seals, sea lions, and walruses).
35
36
37
38
*
5-102. Administration.
*
*
*
*
*
(
e)
39
Enforcement of [state] animal control laws. To the extent allowed by
State law, the Division may enforce any State animal control law and
any law under this Chapter. A reference in a State animal control law to
the "appropriate authority" (or any similar term) in the County means
the Division
mid
any other County agency designated by regulation
adopted under method (3 ).
40
41
42
43
44
45
*
5-201. Cruelty.
(a)
*
*
46
47
48
49
Violation under State Laws. A person must not violate State laws
against cruelty to animals, such as by:
*
.(hl
*
*
50
51
Additional violation: A person or business must not exhibit or
financially benefit from the exhibition of any performance animal in~
traveling animal act.
52
-3-
F:\LAW\BILLS\l 723 Animal Control - Prohibit Exihbition And Performance\Bill 4.Docx
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 23-17
53
54
[[(b ))]
(f)
Regulations. The County Executive may issue regulations[[,
consistent with State law, to interpret and implement State anti-cruelty
laws in the County]] to interpret and enforce this subsection.
55
56
57
Approved:
58
59
60
61
62
63
64
Roger Berliner, President, County Council
Approved:
Date
Isiah Leggett, County Executive
This is a correct copy ofCouncil action.
Date
65
66
67
68
Linda M. Lauer, Clerk of the Council
Date
-4-
F:\LAW\BILLS\1723 Animal Control - Prohibit Exihbition And Perfonnance\Bill 4.Docx
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Bill 23-17
Animal Control
-
Performance Animal
-
Violations
DESCRIPTION:
This Bill defines performance animals and prohibits a person or
business from exhibiting or financially benefit from the exhibition of
any performance animal. It also allows enforcement of the
prohibition.
Profiting by exhibition of wide animals creates an incentive for the
capture those animals and creates an excessive opportunity for animal
cruelty.
The goal is to remove the financial incentive for displaying wide
animals.
Police Department - Animal Control Division
To be requested.
To be requested.
To be requested.
To be researched.
Jeff Zyontz, Senior Legislative Analyst, 240 777 7896
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMP ACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENAL TIES:
Violations with be subject Class A violation
f:\law\bills\1723 animal control - prohibit exihbition and performance\lrr.dot
 PDF to HTML - Convert PDF files to HTML files
AGENDA ITEM #6
July 18, 2017
Public Hearing
MEMORANDUM
July 14, 2017
TO:
FROM:
SUBJECT:
County Council
Jeffry
L.
Zyonl
lnior Legislative Analyst
Public Hearing:
Bill 23-17, Animal Control - Performance Animal -Violations
Bill 23-17, Animal Control - Performance Animal -Violations, sponsored by Lead
Sponsors Councilmembers Rice and Leventhal, Co-Sponsors Councilmembers Katz, Navarro,
Riemer, Eirich, Rucker, and Council President Berliner, was introduced on June 27. A Public
Safety Committee worksession is tentatively scheduled for September 11 at 9:30 a.m. The
sponsors of Bill 23-1 7 want to protect wild animals. The Bill does this by removing the financial
incentives to exhibit such animals.
Bill 23-17 would:
(1)
Define the term "exhibit";
(2)
Define the term performance animal;
(3)
Prohibit the exhibition of performance animals;
(4)
Authorize the Animal Control Division to enforce prohibited act; and
(5)
Generally amend the provisions concerning animal cruelty.
This packet contains:
Bill 23-17
Legislative Request Report
Circle#
1
5
F:\LA W\BILLS\1723 Animal Control - Prohibit Exihbition And Performance\PH Memo.Docx
 PDF to HTML - Convert PDF files to HTML files
Bill No.
23-17
Concerning: Animal
Control
Performance Animal - Violations
Revised: June 27, 2017
Draft
No.!__
Introduced:
June 27 2017
Expires:
December 27, 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: -!..!N=on=e'---------
Ch. _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmembers Rice and Leventhal
Co-Sponsors: Councilmembers Katz, Navarro, Riemer, Eirich, Rucker and Council President
Berliner
AN ACT
to:
(1)
(2)
(3)
(4)
(5)
Define the tem1 "exhibit";
Define the term {ierformance animal;
Prohibit the exhibition of performance animals;
Authorize the Animal Control Division to enforce prohibited act; and
Generally amend the provisions concerning animal cruelty.
By amending
Montgomery County Code
Chapter 5, Animal Control
Sections 5-101, 5-102, and 5-201
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deleted from existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 23-17
Sec.
1.
Sections 5-101, 5-102, and 5-201 are amended as follows:
2
5-101. Definitions.
3
4
5
6
In
this Chapter, the following words and phrases have the following meanings:
*
*
*
Display:
Any exhibit, fair, act, circus, ride, or similar undertaking in which~
performance animal is required to perform tricks, give rides, or participate as
accompaniments for the entertainment, amusement, or benefit of another.
1
8
9
*
or business.
*
*
Exhibit:
The display of~ performance animal for the financial benefit of any person
10
11
*
*
*
12
Performance animal:
The following animals are performance animals. The animals
u
14
15
16
listed in parentheses are intended to act as examples and are not to be construed as an
exhaustive list or limit the generality of each group of animals, unless otherwise
specified:
ill
ill
ill
ill
ill
®
(Z}
non-human primates and prosimians (such as chimpanzees, baboons,
monkeys, etc.)= all species;
felidae (such as lions, tigers, cougars, leopards, ocelots, servals, etc.)=
all species except domestic cats;
canidae (such as wolves, coyotes, etc.)= all species except domestic
dogs;
ursidae (such as bears)= all species;
marsupialia (such as kangaroos, etc.)= all species;
proboscidae (such as elephants)= all species;
crocodilia (such as crocodiles, alligators, etc.)= all species;
squamata (all species of snakes only);
11
1&
19
20
21
22
23
24
25
26
.(fil
-2-
F:\LA W\BILLS\1723 Animal Control - Prohibit Exihbition And Performance\Bill 4.Docx
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 23-17
27
.(2)
artiodactyla (such as hippopotamuses, giraffes, camels, etc.)= all
species except domestic cattle, swine, sheep, or goats;
28
29
30
.(lQ)
perissodactyla (such as zebras, rhinos, and tapirs)= all species except
domestic horses, donkeys, or mules;
31
32
33
34
{ill
struthioniformes (such as ostriches)= all species;
.(12}
casuariiformes (such as emus)= all species;
ill.}
Elasmobranchii (including nurse sharks and lemon sharks); and
Ll±} Pinnipedia (including seals, sea lions, and walruses).
35
36
37
38
*
5-102. Administration.
*
*
*
*
*
(
e)
39
Enforcement of [state] animal control laws. To the extent allowed by
State law, the Division may enforce any State animal control law and
any law under this Chapter. A reference in a State animal control law to
the "appropriate authority" (or any similar term) in the County means
the Division
mid
any other County agency designated by regulation
adopted under method (3 ).
40
41
42
43
44
45
*
5-201. Cruelty.
(a)
*
*
46
47
48
49
Violation under State Laws. A person must not violate State laws
against cruelty to animals, such as by:
*
.(hl
*
*
50
51
Additional violation: A person or business must not exhibit or
financially benefit from the exhibition of any performance animal in~
traveling animal act.
52
-3-
F:\LAW\BILLS\l 723 Animal Control - Prohibit Exihbition And Performance\Bill 4.Docx
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 23-17
53
54
[[(b ))]
(f)
Regulations. The County Executive may issue regulations[[,
consistent with State law, to interpret and implement State anti-cruelty
laws in the County]] to interpret and enforce this subsection.
55
56
57
Approved:
58
59
60
61
62
63
64
Roger Berliner, President, County Council
Approved:
Date
Isiah Leggett, County Executive
This is a correct copy ofCouncil action.
Date
65
66
67
68
Linda M. Lauer, Clerk of the Council
Date
-4-
F:\LAW\BILLS\1723 Animal Control - Prohibit Exihbition And Perfonnance\Bill 4.Docx
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Bill 23-17
Animal Control
-
Performance Animal
-
Violations
DESCRIPTION:
This Bill defines performance animals and prohibits a person or
business from exhibiting or financially benefit from the exhibition of
any performance animal. It also allows enforcement of the
prohibition.
Profiting by exhibition of wide animals creates an incentive for the
capture those animals and creates an excessive opportunity for animal
cruelty.
The goal is to remove the financial incentive for displaying wide
animals.
Police Department - Animal Control Division
To be requested.
To be requested.
To be requested.
To be researched.
Jeff Zyontz, Senior Legislative Analyst, 240 777 7896
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMP ACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENAL TIES:
Violations with be subject Class A violation
f:\law\bills\1723 animal control - prohibit exihbition and performance\lrr.dot